NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 3 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 18-50042
Plaintiff-Appellee, D.C. No. 2:17-cr-00491-PSG
v.
MEMORANDUM*
ROBERTO RAMOS,
Defendant-Appellant.
Appeal from the United States District Court
for the Central District of California
Philip S. Gutierrez, District Judge, Presiding
Submitted November 27, 2018**
Before: CANBY, TASHIMA, and FRIEDLAND, Circuit Judges.
Roberto Ramos appeals the eight-month custodial sentence and five-year
term of supervised release imposed upon revocation of supervised release. We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Ramos contends that the district court procedurally erred by failing to
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
respond to his mitigating arguments and explain the sentence. We review for plain
error, see United States v. Miqbel, 444 F.3d 1173, 1176 (9th Cir. 2006), and
conclude that there is none. The record shows that the district court considered
Ramos’s mitigating arguments. Moreover, it explained the sentence adequately,
noting Ramos’s breaches of the court’s trust. United States v. Perez-Perez, 512
F.3d 514, 516 (9th Cir. 2008). Ramos has not shown a reasonable probability that
he would have received a different sentence had the district court said more. See
United States v. Dallman, 533 F.3d 755, 762 (9th Cir. 2008).
Ramos next argues that the sentence is substantively unreasonable because
the district court failed to give adequate weight to the Guidelines and to Ramos’s
mitigating circumstances. The district court did not abuse its discretion. See Gall
v. United States, 552 U.S. 38, 51 (2007). The within-Guidelines custodial sentence
and five-year term of supervised release are substantively reasonable in light of the
18 U.S.C. § 3583(e) sentencing factors and the totality of the circumstances,
including Ramos’s decision to leave the residential treatment program and failure
to report to probation. See United States v. Simtob, 485 F.3d 1058, 1062-63 (9th
Cir. 2007).
Finally, Ramos argues that the written judgment conflicts with the district
court’s oral pronouncement of sentence. The record indicates that there is no
conflict. In both the written judgment and the oral pronouncement, the district
2 18-50042
court reimposed the terms and conditions imposed upon Ramos’s first revocation,
but with one modification: upon release, Ramos must enter a residential substance
abuse treatment program for a period not to exceed six months. The record reflects
that this new condition was intended to replace condition number one in the
November 1, 2017, judgment, and that satisfaction of the new condition would
meet the requirements of condition number five in the November 1, 2017,
judgment.
AFFIRMED.
3 18-50042